Intersections of the Application of the European Arrest Warrant and the Protection of Fundamental Rights.
The project is being implemented by EIPA Luxembourg – European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland and the European Criminal Bar Association.
The EU has been active in adopting legislation in the field of criminal law in order to facilitate judicial cooperation among EU Member States, to fight serious and organised crime and in general to tackle cross-border criminal activity. While there are a number of legislative instruments at place, it is crucial that practitioners, judges and prosecutors are not only aware of the existence of EU legislation, but understand and apply the relevant European – level instruments. This is especially true for mutual recognition instruments which aim to put cross border judicial cooperation in criminal matters at a truly different context, requiring mutual trust and more intensive cooperation both from national authorities and legal practitioners. The leading mutual recognition instrument, the European Arrest Warrant, is certainly the pivotal EU criminal law instrument.
However the application of the European Arrest Warrant has been shadowed from time to time by concerns of fundamental rights protection in the issuing Member State, whether due regard is taken of the procedural guarantees applicable to suspected and accused and if the principle of proportionality was observed. The EU has been particularly keen in addressing these concerns, and under the ‘Stockholm roadmap’’, adopted a series of instruments elevating the procedural rights of suspected and accused persons in criminal proceedings.
- Firstly, to present the EAW as the leading mutual recognition instrument, and to discuss the issues related to issuing and executing of EAWs.
- Secondly, to show the fundamental rights context in which the EAW eventually operates, and to discuss the related EU secondary legislation.
- Thirdly and finally, each seminar will give a clear occasion for judges and prosecutors to improve the cooperation amongst each other by understanding the elements of EU law applicable to each of them and at the same time learning about teach others’ jurisdictions.
It is in this vein that the project aims to contribute to the development of mutual trust among legal practitioners being the fundamental criteria in establishing an EU area of criminal justice.
The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor or a defence lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their application in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.